Anti-Mortonus or An apology in defence of the Church of Rome. Against the grand imposture of Doctor Thomas Morton, Bishop of Durham. Whereto is added in the chapter XXXIII. An answere to his late sermon printed, and preached before His Maiesty in the cathedrall church of the same citty..

SECT. VIII. Of Nilus equalling the B. of Constantinople with the Pope, in his right of Appeales.

NIlus an hereticall Bishops of Thessalonica, and a pro∣fessed enemy to the Roman Church (as all heretikes are) against Appeales to Rome obiecteth the Councell of Chalcedon, in which (sayth he) it was decreed, that if a Clerke haue a cause against a Clerke, it is to be iudged by the Bishop; if a∣gainst a Bishop, by the Archbishop; if against an Archbishop, by the Primate, or of the Bishop of Constantinople. To this obie∣ction the holy, and learned Pope Nicolas the first, ans∣weared neere 800. yeares since(m) 1.1, that by Primate (which is there in Greeke 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and signifies a Prince) is meant the B. of Rome. This explication Tur∣rianus(n) 1.2, Bellarmine(o) 1.3, and Binius(p) 1.4 confirme, both because the title of Prince more fitly agreeth to him, then to any other Primate; as also because, it cannot be shewed, that in time of the Councell of Chalcedon, there were (especially in the East) any Primates, distinct from the Archbishops, and Patriarkes. Wherfore the sense is, that if a Bishop haue a cause with his Metropolitan, it is to be iudged by the Pope, or by the B. of Constantinople, if the parties be neerer to him, and willing to stand to his iudg∣ment. This (say you)(q) 1.5 it false: for the Canon vseth a Climax, or gradation from Clerke, to Bishop; from Bishop, to Archbishop; from Archbishop, to Primate, or the B. of Constantinople: from whence you inferre, that, if our exposition be true, the B. of Constantinople is aboue the Pope, as a Generall is aboue a Coronell, because in gradation of Appeales, the last is alwaies the highest, and most excellent. A thing, not only contrary to the Councell of Chalcedon (which acknowledgeth the Pope to be su∣preme Head of the whole Church)(r) 1.6, but neuer so much as dreamed of, by any of the Greekes, nor by the Bishops of Constantinople themselues, who by their claime of equal priuiledges, neuer challenged authority aboue the Pope,

nor equall with him ouer the whole Church, but only, that as he by the institution of Christ is supreme Iudge of all causes ecclesiasticall, throughout the world; so they in the second place, vnder him, and by his permission, might haue authority to iudge throughout the East, the causes of all, that should be willing to accept of their iudgement: which authority the Pope though intreated by the Coun∣cell of Calcedon refused to grant vnto them, as being a wrong to the other Patriarkes. And therefore Bellarmine(s) 1.7 out of Leo, and Liberatus, rightly obserueth, that this Canon obiected by Nilus, was neuer receaued in the Church, as being vnlawfully made in absence of the Po∣pes Legates, who presided in the Councell. This is the sub∣stance of this controuersy, in the prosecution wherof, you falsify the Councell of Calcedon, and are guilty of some other errors, of which I shall briefly aduertise you.

1. Therfore Bellarmine truly sayth, that custome (the best interpreter of lawes) plainly sheweth, it was neuer lawfull to appeale to the B. of Constantinople, but only from places within his owne Patriarkship: and that no ex∣ample can be giuen of an Appeale made to the Easterne Church, out of the West, South, or North. You to crosse Bellarmine, say(t) 1.8, that the Councell of Calcedon speaketh ge∣nerally of euery Church; and in proofe therof falsify the Coun∣cell, adding to the beginning of the Canon, these words. In quacunque Ecclesia, In euery Church, putting them downe in a different character, as the words of the Canon, and ci∣ting both it and them out of Binius, who hath this Canon(u) 1.9, of three different versions, and yet no such words in any of them.

2. You haue hitherto pretended, & afterwards repeate, againe, that no one man can be Head of the whole Church on earth. Yet now vpon condition, that the Pope may not haue that dignity, you are contented to allow it the B. of Constantinople. For you say(x) 1.10: We confesse, that the su∣preme right of appeales is proper to a Monarke, it being as essentiall a part of his Monarchy, to haue the right of appeales, as it is for him to be a Monarke: from whence it will follow, that you here

granting to the B. of Constantinople, a supreme right of appeales from all the Churches of the world, make him a Monarke ouer all the Churches of the world.

3. Out of the gradation which the Councell maketh from Clerke to Bishop; from Bishop to Archbishop; from Archbishop to the Pope, or the B. of Constantinople, you inferre the Bishop of Constantinople to be aboue the Pope which is a senselesse paradoxe, collected from a false groūd: for if because an Archbishop is to be iudged by the Pope, or by the B. of Constantinople, you may inferre the B. of Constantinople to be equall with the Pope, or aboue him; you may by like consequēce inferre, that in an army, a Co∣ronell is equall to the Generall, or aboue him, because a cō∣mon soldier is to be iudged by his Captaine, & the Cap∣taine by his Generall, or by his Coronell: for in this gra∣dation the Coronell is the last, and therfore by your rule, the highest, and most excellent. With such sophistry you an∣sweare our arguments, and frame your owne.

4. Bellarmine sayth: The Councell is to be vnderstood of the first iudgement: But this (say you)(y) 1.11 euidently crosseth the Popes exposition. False: for the Pope alloweth to the B. of Con∣stantinople permissiuely the first iudgement of Easterne causes, if the parties be willing to accept of his iudgment; but not the second by way of appeale, out of his owne Pa∣triarkeship.

5. Why do you conceale, what Bellarmine, and Binius adde? namely, that if we should grant to you, your inference out of this Canon, it would not follow, that the B. of Constantinople is of equal authority with the Pope: for the Popes power extendeth not only to right them which are wronged by their Metropolitans, but also to iudge the Metropolitans, and Patriarkes themselues, and to right thē, euen when they are wronged by whole Coun∣cels of Bishops; as the examples of Athanasius, Chryso∣stome, Flauianus, Theodoret, and others conuince.

Notes

• (m) 1.1

  In Ep. ad Michael. Imper.
• (n) 1.2

  Pro Ep. Rom. Pont. l. 3. c. 4.
• (o) 1.3

  L. 2. de Pont. c. 2••.
• (p) 1.4

  Tom. 2. pag. 129.
• (q) 1.5

  Pag. 309.
• (r) 1.6

  In relat. ad Leon.
• (s) 1.7

  L. 2. de Pont. c. 22.
• (t) 1.8

  Pag. 310.
• (u) 1.9

  Tom. 2. pag. 129.
• (x) 1.10

  Pag. 302. fin.
• (y) 1.11

  Pag. 311.